Category Civil Litigation

Turn the Other Cheek, Or Kick Butt?

A workplace relationship deteriorated into a physical altercation, followed by a small claims suit for the tort of battery, in a recent case that was dismissed. Two men, who worked in a Richmond Hill shipping and receiving department, had a strained relationship. It came to a head in April 2011. Court heard that Peng Li […]

Legal Word of the Day: Latent Defect

“Latent Defect” — A defect in material, workmanship and so on. A latent defect poses a liability issue if it can be shown that the seller knew about the problem and did not disclose to the buyer. Defects can be “patent,” or obvious to both vendor and purchaser, or “latent” — not obvious to either […]

Andrew Hyland

Hryniak v. Mauldin: Summing up Summary Judgment

SCOPE contributor Andrew Hyland examines a recent Supreme Court of Canada decision and explains the possible implications for paralegals who practice in small claims. The Supreme Court ruled recently on summary judgments. How will this affect current jurisprudence behind Rule 12.02 motions and recent developments in the Small Claims Court, in the wake of Hryniak […]

Defamation Action Shuts Down Website

The cost award was higher than the damages, in a recent defamation case that had become a legal odyssey. An online forum has shut down its website, after an Ottawa lawyer got a court order banning the forum from publishing defamatory comments about him. The website, freedominion.ca, has turned to social media “crowdfunding,” to raise […]

Estoppel in Municipal Law: SCC This week

An appeal later this week sends a municipal law issue to the Supreme Court of Canada. The court could rule on whether a legal non-conforming use existed, based on prior acquired rights. The Quebec-originating Immeubles Jacques Robitaille v. City of Quebec appeal will be heard Feb. 20. Immeubles Jacques Robitaille challenged the City of Quebec […]

Social Inequality & Failure to Communicate: Toronto Ombud Report

City of Toronto Ombudsman Fiona Crean says more residents than ever are reporting problems with city staff and services, and the complaints are more serious than in past years. Crean said this morning that “growing social inequity” and basic human rights issues, in such areas as housing, child care and social services, contributes to the […]

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